Case law
Opinions from 1658 to today.
10,000+ results
2.41s
203 F. Supp. 2d 1260 · District Court, D. Wyoming · May 17, 2002
If the plaintiff establishes a violation of a constitutional or statutory right, he must then demonstrate that the right at issue was clearly established at the time of the defendant’s unlawful conduct. … , the defendants are entitled to qualified immunity.
Cited 2 timesPublished212 F. Supp. 2d 285 · District Court, D. Vermont · Jul 9, 2002
“Qualified immunity protects a government official from suit for any actions that did not violate a clearly established constitutional right and those actions as to which the official had an objectively reasonable good faith … “The first inquiry to be made concerning qualified immunity is whether the plaintiff has ‘allegefd] the violation of a clearly established constitutional right’.” Id. (citing Siegert v.
Cited 1 timesPublished571 F. Supp. 1046 · District Court, N.D. Texas · Sep 22, 1983
The objective component is concerned with whether or not the officer knew or should *1049 have known that his actions violated clearly established law at the time. … To deny him qualified immunity protection unless he goes further and demonstrates that his actions were above the benchmark of legal good faith, would make the concept of qualified immunity a meaningless embelishment.”
Cited 2 timesPublishedOttman v. City Of Independence
341 F.3d 751 · Court of Appeals for the Eighth Circuit · Oct 1, 2003
We review de novo a denial of qualified immunity. Holloway v. … Reeves, 277 F.3d 1035 , 1037 (8th Cir.2002). 13 Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional
Cited 76 timesPublishedCurtis v. Breathitt Cnty. Fiscal Court
288 F. Supp. 3d 789 · District Court, E.D. Kentucky · Jan 22, 2018
Qualified Immunity for Stevens and Smith "The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Therefore, Stevens is entitled to qualified immunity on all of Curtis's state law claims. 4.
Cited 1 timesPublishedDistrict Court, D. Massachusetts · Nov 30, 2022
Moreno, 919 F.3d 582, 600-01 (1st Cir. 2019) (holding that FBI agents were not entitled to qualified immunity in a Bivens action arising from a warrantless search of plaintiff’s home in … Moreover, First Circuit precedent establishes the viability of Bivens claims in the aftermath of an unreasonable search during a routine law enforcement investigation. See DeMayo v.
Cited 0 timesUnknown141 F.3d 824 · Court of Appeals for the Eighth Circuit · Apr 2, 1998
Therefore, we hold that the contours of the state-created danger theory, as applied to the unique facts of this case, were not defined clearly enough in 1991 to remove the defendants’ qualified immunity protection. 3 Greer … According to Greer, because the defendants would be indemnified, there is no reason to provide them with qualified immunity.
Cited 42 timesPublishedMoodian v. County of Alameda Social Services Agency
206 F. Supp. 2d 1030 · District Court, N.D. California · Jun 3, 2002
Alternatively, defendants contend that even if plaintiffs’ constitutional rights were violated, those rights were not clearly established at the time of the removal and therefore Black is entitled to qualified immunity. … Qualified immunity protects an official from liability if “(1) the law governing the official’s conduct was clearly established; and (2) under that law, the official objectively could have believed that her conduct was lawful
Cited 4 timesPublishedLee-Walker v. New York City Department of Education
712 F. App'x 43 · Court of Appeals for the Second Circuit · Oct 17, 2017
We conclude that the individual defendants are entitled to qualified immunity because their alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … For these reasons we agree with the District Court’s dismissal of the claim against the individual- defendants on qualified immunity grounds.
Cited 9 timesPublishedCotnoir v. University of Maine Systems
35 F.3d 6 · Court of Appeals for the First Circuit · Sep 13, 1994
" with the qualified immunity issue. … Qualified Immunity Qualified immunity shields government officials performing discretionary functions from civil damages "insofar as their conduct does not violate clearly established statutory or
Cited 67 timesPublished848 F. Supp. 2d 378 · District Court, W.D. New York · Jan 30, 2012
Qualified Immunity Having found that Clark and Marusak are not entitled to absolute immunity, dismissal may nevertheless be proper if their actions are entitled to qualified immunity. … Officials are protected from § 1983 liability by qualified immunity if their actions (1) did not violate clearly established law or (2) were objectively reasonable. See Warren v. Keane, 196 F.3d 330 , 332 (2d Cir.1999).
Cited 1 timesPublishedDemilo-Fytros v. City of Mount Vernon
993 F. Supp. 221 · District Court, S.D. New York · Feb 18, 1998
INDIVIDUAL DEFENDANTS The doctrine of qualified immunity entitles public officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person … the current record that they are entitled to qualified immunity.
Cited 1 timesPublished272 F. Supp. 2d 154 · District Court, D. Puerto Rico · Jul 17, 2003
Id. 1) Qualified Immunity and Indifference to Medical Needs Qualified immunity shields officials from having to pay for damages resulting from violations of § 1983 provided “their conduct does not violate clearly established … it occurred, transgressed a clearly established right.”
Cited 3 timesPublishedEugene De Boise, Sr. v. St. Louis County, Missouri
760 F.3d 892 · Court of Appeals for the Eighth Circuit · Jul 28, 2014
Louis County, Missouri. 1 Officers Lively and Percich moved for summary judgment on the basis of qualified immunity, and St. … “Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known
Cited 42 timesPublished822 F. Supp. 870 · District Court, D. Connecticut · Feb 22, 1993
First, the motion seeks summary judgment on the issue of qualified immunity. … In this case, the defendants have raised the defense of qualified immunity.
Cited 21 timesPublished275 F.3d 565 · Court of Appeals for the Sixth Circuit · Jan 4, 2002
Three other circuits, on the other hand, have held that a right to refuse to identify oneself during a valid Terry stop was not clearly established for purposes of qualified immunity. See Oliver v. … Because the right must have been clearly established at the time the officer act *572 ed in order to defeat the claim to qualified immunity, we do not discuss the reasoning of these cases. .
Cited 63 timesPublished196 Ariz. 155 · Court of Appeals of Arizona · Aug 10, 1999
Instead, a qualified immunity may be most appropriate. For example, in Ellish v. … We find this necessary because Arizona case law is not clearly settled on this subject.
Cited 43 timesPublished722 A.2d 371 · Supreme Judicial Court of Maine · Jan 13, 1999
P. 56(b) on the ground that no genuine issue of material fact existed and Grossman failed to establish the elements of his claims. … Madura, 474 A.2d 166 (Me.1984), can be read to suggest that only a qualified immunity was intended, it is incorrect.
Cited 32 timesPublished404 Mass. 634 · Massachusetts Supreme Judicial Court · Apr 19, 1989
Qualified immunity pursuant to § 1983. Under Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), the doctrine of qualified immunity applies only to “discretionary functions.” … The doctrine of qualified immunity has both an objective and a subjective element.
Cited 86 timesPublishedEssalene Lambert v. City of Dumas
187 F.3d 931 · Court of Appeals for the Eighth Circuit · Aug 9, 1999
“Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which the reasonable person would have known.” Yowell v. … The Appellee alleges the violation of a clearly established constitutional right.
Cited 123 timesPublished
Ask Donna